| 1 | 1 | | 88R12611 SCP-F |
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| 2 | 2 | | By: Garcia H.B. No. 3221 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain information regarding disciplinary actions by |
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| 8 | 8 | | the Texas Board of Nursing. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 301.466, Occupations Code, is amended by |
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| 11 | 11 | | amending Subsections (c) and (d) and adding Subsection (e) to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (c) The filing of formal charges against a nurse by the |
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| 14 | 14 | | board, a list [the nature] of those charges, disciplinary |
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| 15 | 15 | | proceedings of the board, and final disciplinary actions, including |
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| 16 | 16 | | warnings and reprimands, by the board are not confidential and are |
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| 17 | 17 | | subject to disclosure in accordance with Chapter 552, Government |
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| 18 | 18 | | Code. |
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| 19 | 19 | | (d) Notwithstanding Subsection (c), if the board orders a |
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| 20 | 20 | | nurse to participate in a peer assistance program approved by the |
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| 21 | 21 | | board under Section 467.003, Health and Safety Code, the complaint, |
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| 22 | 22 | | filing of formal charges, [nature of those charges,] final board |
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| 23 | 23 | | order, and disciplinary proceedings are subject to disclosure: |
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| 24 | 24 | | (1) only to the same extent as information regarding a |
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| 25 | 25 | | complaint is subject to disclosure under Subsection (b); or |
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| 26 | 26 | | (2) in a subsequent matter relating to the board order |
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| 27 | 27 | | or a subsequent violation of this chapter or a board rule that |
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| 28 | 28 | | occurs not later than the second anniversary of the date the nurse |
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| 29 | 29 | | successfully completed the program. |
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| 30 | 30 | | (e) A disciplinary action published on the nurse licensure |
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| 31 | 31 | | verification page on the board's Internet website: |
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| 32 | 32 | | (1) must include: |
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| 33 | 33 | | (A) the name of the nurse subject to the |
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| 34 | 34 | | disciplinary action; |
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| 35 | 35 | | (B) a list of any formal charges against the |
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| 36 | 36 | | nurse; and |
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| 37 | 37 | | (C) any final disciplinary action taken by the |
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| 38 | 38 | | board, including warnings and reprimands; and |
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| 39 | 39 | | (2) may not include: |
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| 40 | 40 | | (A) the personal telephone number, home address, |
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| 41 | 41 | | place of work name or address, or other contact information for the |
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| 42 | 42 | | nurse; or |
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| 43 | 43 | | (B) the nature of any formal charge filed against |
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| 44 | 44 | | the nurse. |
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| 45 | 45 | | SECTION 2. Not later than December 1, 2023, the Texas Board |
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| 46 | 46 | | of Nursing shall update the nurse licensure verification page on |
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| 47 | 47 | | the board's Internet website to meet the requirements of Section |
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| 48 | 48 | | 301.466(e), Occupations Code, as added by this Act. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
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